S.L. 9.24 · Interview Of Suspects And Accused (S.L. 9.24)
S.L. 9.24 ст. 3Misbehaviour by lawyer.
Title I of Part I of Book Second of the Criminal Code which
(1) It shall not be lawful for a lawyer to conduct himself in such a way as to hinder the interviewer from being able properly to put questions to the suspect or accused person or for the lawyer to interrupt the interview from taking place. Nor shall it be lawful for a lawyer to answer questions on his client’s behalf or to act in any manner which prevents, interferes with or unreasonably obstructs the proper questioning of the suspect or the accused person or the suspect’s or accused person’s responses from being recorded or in any manner hinders any investigative or evidence gathering act.
(2) The interviewer, if he is of the view that the lawyer is misbehaving during the interview, shall warn the lawyer that if the latter does not behave properly, then the interviewer would have to request the lawyer to leave or be removed from the room where the interview is taking place, if need be by force.
(3) The interview shall, in such a case, be suspended and another lawyer or the Duty Advocate for Legal Aid shall be called in to replace the said lawyer. The interview shall then continue in the presence of the other lawyer or of the Duty Advocate for Legal Aid:
Provided that the substitution of a lawyer by another lawyer or by the Duty Advocate for Legal Aid shall only be allowed once in the course of an interview unless a Police Officer not below the rank of Superintendent authorises further substitutions or unless such further substitutions are authorised by the duty Magistrate. Where a substitution for the reasons provided for in this regulation occurs or where the suspect or accused person requests legal assistance after the regular commencement of the interview, the interviewing officer shall not be, notwithstanding the other provisions of these regulations, under an obligation to interrupt the interview by reason of the said substitution or late request for more than thirty minutes.
(4) In those cases where a lawyer has been requested to leave the interview, due to the serious nature of such decision, the interviewer shall inform the duty Magistrate in writing after the interview has been concluded. The Magistrate shall carry out an investigation and, should he come to the conclusion that there was misbehaviour on the part of the lawyer, he shall report the matter to the Committee for Advocates and Legal Procurators of the Commission for the Administration for Justice for any disciplinary action it might wish to take against the said lawyer.